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HomeMy WebLinkAbout1974 05-02 PCM MINUTES OF THE PROCEEDINGS OF THE PLANNING COMMISSION OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION CITY HALL MAY 2, 1974 Call to Order: The Planning Commission met in regular session and was called to order at 8:05 p.m. by Chairman Carl Gross . Roll Call: Chairman Gross , Commissioners Foreman, Horan, and Pierce. Also present were Director of Public Works James Merila and Director of Planning and Inspection Blair Tremere. Application No. 74002 Following the Chairman's explanation the (Vern Christensen) first item of business was consideration of Planning Commission Application No. 74002 submitted by Mr. Vern Christensen, 5407 Humboldt Avenue North. The item was intro- duced by the Secretary who stated the appli- cant was requesting a special use permit to conduct a special home occupation consisting of lawnmower and small engine repair service, involving the use of a detached garage. He commented that the item had been considered and tabled at the February 7th meeting pend- ing a revision and amendment to the home occupation definitions in the Zoning Ordinance. Chairman Gross recognized the applicant who briefly explained the nature of his pro- posed service and commented that he had con- ducted the activity for a number of years for friends and relatives. He also com- mented that he had closely followed the City' s hearings and Council consideration of the Home Occupation Ordinance amendment. He stated that when he became aware of the need for such a permit he had applied in accordance with the ordinance. Chairman Gross inquired as to whether there was adequate parking and the Secretary and Commissioner Foreman responded that they had inspected the premises and it was clear there was morn than adequate parking as required' by the ordinance. Chairman Gross then asked the applicant whethe: he understood the ordinance provision that the use should be clearly incidental and secondary to the residential character of the premises , including the garage, which could be partially used but not totally converted to a shop. The applicant responded in the affirmative. _1_ 5/2/74 Chairman Gross waived the reading of the names of notified neighboring property owners in that none was present. Motion by Commissioner Foreman seconded by Commissioner Horan to close the public hearing. The motion passed unanimously. Action Recommending Following a brief discussion there was a Approval of Application motion by Commissioner Foreman seconded by No. 74002 Commissioner Pierce to recommend approval of (Vern Christensen) Planning Commission Application No. 74002 submitted by Vern Christensen subject to the following conditions : 1. The use shall conform to all applicable ordinance provisions and violation thereof shall be grounds .for revocation of the permit; 2. There shall be no outside storage of materials involved in the permitted use. The motion passed unanimously. Commissioner Scott Arrived Commissioner Scott arrived at 8:20 p.m. Application No. 74007 The next item of business was consideration (Joyce Tolve) of Planning Commission Application No. 74007 submitted by Joyce Tolve, 7012 Oliver Circle North. The item was introduced by the Secretary who stated the applicant proposes a special home occupation consisting of swimming lessons for children in her private pool. He explained that.the special home occupation definition permits the use of one accessory structure which includes private pools . The Secretary also commented that the applicant had conducted the activity in the past and that there had been some neighborhood objection relative to traffic and parking in the cul-de-sac street by customers as well as to noise levels generated by the activity. Chairman Gross then recognized the applicant who explained the lessons would be limited to three students at any given time and that, in recognition of the parking problem, she would instruct parents that they must park off the street, normally in her driveway, or as during last summer in the East Palmer Lake Park parking lot. She explained that a number of parents with more than one child would bring the student for the lesson and • take the other child or children over to the park to play until the lesson was completed. The applicant also submitted to the file a letter from Bachman' s , Inc. , confirming an appointment to evaluate the applicant's pre- mises in terms of possibly expanding the driveway width and upgrading the landscaping. Mrs. Tolve also commented as to the typical flow of customers stating that she had a good _2_ 5/2/74 i communicative relationship with the parents and the arrival and departure was a smooth operation. She also commented that the business was only operated eight weeks out of the year and that it involved one person other than herself on a part time basis. Chairman Gross inquired as to the alleged noise problem and the applicant responded that usually the children were under the water or were too scared to make any noise. She did state that there initially was some crying by new students but that the overall din was no greater than that created by neighborhood children playing in the area. Relative to traffic and parking situation, Chairman Gross inquired as to the propriety of the use of a public park. The Secretary noted copies of letters dated May, 1973 in the file from the City Manager to the Tolve 's as well as to neighboring property owners dated May, 1973, wherein it was suggested that the park parking lot be utilized, if necessary, to resolve the congestion problems in Oliver Circle. The Secretary emphasized that the letters were in response to complaints by neighbors and communications with the appli" cant who had made commitments for the in- struction of a number of children without specific knowledge of zoning regulations . He noted the Manager had concluded, consistent with the City' s policy, not to cause an un- due hardship on a citizen in seeking com- pliance with the Zoning Ordinance, that the parking lot at East Palmer Lake Park could be utilized, if necessary, and the operation would be restricted to the 1973 season. Chairman Gross inquired as to the intended hours of operation and Mrs . Tolve responded that the hours would be from 9:00 a.m. to noon and from 1:00 p.m. to 4:00 p.m. , Monday through Friday. Commissioner Horan also noted concern as to the resolution of the parking and traffic congestion problem and the Secretary respond- ed that a recommended condition of the permit would be that all parking related to the special use shall be off the street; and, that while some customers might elect to park their cars over at East Palmer Lake Park, this was not required since the number of students was limited and the applicant 's driveway provided adequate parking. Chairman Gross then noted a public hearing had been scheduled and he recognized neighborhood property owners who had been notified of the meeting, including the residents of 7008 Oliver Avenue North, 7020 Oliver Circle, 7004 Oliver Avenue, and 7000 Oliver Avenue North, who -3- 5/2/74 stated their approval of the application. He also recognized the resident of 7024 Oliver Circle who stated approval, but noted concerns as to provision for adequate parking. He also noted that letters had been received in the file from the residents of 2113, 2108 2114, and 2120 70th Avenue North, stating approval of the application. iChairman Gross then recognized Mrs. K. B. Anderson, 7016 Oliver Avenue North, who read a letter protesting the application and sub- mitted the letter to the file. She stated her objections relative to parking and traffic problems realized in previous years, as well as the noise factor which she said was par- ticularly aggravating to her household which was located next to the applicant 's house on the pool side. She stated that, in her opinion, the group swimming lessons constitute a nuisance which interfers with her family's comfort and quiet. Chairman Gross then recognized the applicant who responded to Mrs . Anderson's protest, and who commented that Mrs. Anderson had initiated the complaint with the City last year. Mrs. Tolve said she had attempted to communicate with the Andersons and had tried to resolve the noise and parking problem with them. A brief discussion ensued. Close Public Hearing Motion by Commissioner. Scott seconded by Commissioner Horan to close the public hearing. The motion passed unanimously. In further discussion Commissioner Foreman stated that given the restriction on the number of students at any giventime, he could not see where the noise of three to four happy students would be any greater than noise generated by neighborhood children playing. Mrs. Anderson responded that she worked at a school and was used to the noise of children playing, but her particular objection in this case, was to the incessant crying. Chairman Gross noted that the number of students was limited by the ordinance and the applicant had indicated all efforts would be made to diminish any undue noise by the students . Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Foreman seconded by • No. 74007 Commissioner Horan to recommend approval of Planning Commission Application No. 74007 submitted by Joyce Tolve subject to the following conditions : 1. The use shall conform to all applicable ordinance provisions and violation thereof shall be grounds for revocation of the permit; -4- 5/2/74 2. All parking related to the use shall be off-street; 3. The hours of operation shall be limited to the period 9:00 a.m. to 4 :00 p.m. , Monday through Friday. The motion passed unanimously. Application No. 74021 The next item of business was planning Com- � (Warren Osborne) mission Application No. 74021 submitted by Warren Osborne. The item was introduced by the Secretary who explained that the appli- cant seeks to re-subdivide Lot 10, and Lot 11 (7017 Willow Lane) , of the Northriver Estates Addition by metes and bounds description, to permit attachment of 4 feet to Lot 11, from Lot 10. He explained that Lot 10 is currently 79. 9 feet at the front lot line and 80.0 feet at the rear line and was currently vacant. He further explained that Lot 11 is currently 65.5 feet at the front lot line and 100.78 feet at the rear line. He noted that it is 75 feet wide at the 35 foot setback in the front and contains a dwelling. Chairman Gross recognized the applicant and inquired as to the purpose: of the request. Mr. Osborne stated that the resident of 7017 Willow Lane had indicated a desire to expand the side yard next to the attached garage which was built at the minimum 3 foot setback point. He also noted that Lot 10 would meet minimum ordinance standards since its new width would be 75. 5 feet at the front lot line. Chairman Gross then recognized Mr. Howard Heck of 7029 Willow Lane who inquired as to the applicant 's ability to build a home on the proposed Lot 10 which would be consistent with the quality of the homes in the area. The applicant responded that there was no question in his mind that a high-quality dwelling could be constructed on the site, although he noted he would not necessarily be the contractor. Further discussion ensued with Mr. Heck re- lative to the ability to meet ordinance set- back requirements and the possible size of a house on the vacant lot. There was also discussion relative to the size of lots in the area and an extensive discussion regarding the history of the platting of the area which in- volved efforts by the City and property owners. Chairman Gross waived the reading of the names of other notified property owners in that none was present. -5- 5/2/74 Motion by Commissioner Foreman seconded by Commissioner Scott to close the public hearing. The motion passed unanimously. In further discussion Commissioner Foreman stated his concern as to the need for expand- ing Lot 11, and Commissioner Gross stated his concern as to compatibility of the re- sulting lot with neighboring property. He also recognized the resident of 7017 Willow Lane (Lot 11) , who commented on her desire for a wider yard on the garage side of the house. Commissioner Horan stated that he felt the request was in order in that the yard of Lot 11 would be enhanced and he noted that the now vacant lot was abutted by garages on both sides. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Foreman seconded by No. 74021 Commissioner Horan to recommend approval of (Warren Osborne) Planning Commission Application No. 74021 sub- mitted by Mr. Osborne noting that formal re- platting would be unduly restrictive and that the action would result in the widening of a relatively narrow front yard without creat- ing a substandard parcel. The motion passed unanimously. Commissioner Engdahl Arrived Commissioner Engdahl arrive at 9:25 p.m. Recess The meeting recessed at 9:26 p.m. and resumed at 9:45 p.m. The next item of business was Planning Com- mission Application No. 74026 submitted by Mr. John Armstrong, 5338 Logan Avenue North. The item was introduced by the Secretary who stated the applicant seeks permission to con- struct a major addition to his single family home, which, according to information supplied by him, has a 10 foot front yard setback de- ficiency. The Secretary explained the ordinance provides, among other things, that such nonconforming or noncomplying uses shall not be enlarged or occupy a greater area of land, and shall not be subject to structural alterations. He stated the applicant contends that he has more than adequate area for the proposed addition (due to combination of an adjacent vacant lot with the occupied parcel) and that the setback is in line with those established with neigh- boring older homes in the area. The Secretary also commented that the appli- cant contends an undue hardship would be realized since the dwelling would have to be moved to meet ordinance standards. -6 5/2/74 The Secretary stated that the situation is somewhat unique in that the applicant's main parcel is the only unplatted parcel in the neighboring blocks, and that the adjacent parcel is a substandard, but platted, parcel which was acquired by the applicant and com- bined with the main property. The Secretary continued that analysis of the . proposal and the information supplied by the applicant indicates the need for a certified survey of the property, including existing structures: one primary dwelling and two accessory buildings. He stated that examina- tion of the applicant 's graphic data in com- parison with existing area plats and half- section maps, indicates certain discrepancies in the dimensions of the property. Chairman Gross recognized the applicant and an extensive discussion ensued. The applicant stated that he was fairly certain of the dimensions of his property based on existing fences and property stakes which he had found. Chairman Gross commented, however, that the major portion of the applicant's property had never been platted and it was evident that there were discrepancies which could only be resolved through a certified survey. The Commission then examined photographs taken by the staff of the property and Chairman Gross stated it was essential to get accurate di- mensions on the location of the primary and accessory structures, as well as the boundaries of the property. The Secretary commented that in cases such as this, the Building Inspector typically re- quires certified surveys due to the magnitude of the proposed addition and the existence of relatively large accessory structures . Chairman Gross then recognized neighboring property owners who had been notified of the public hearing, including the residents of 5350, 5319, 5328, 5300, and 5339 Logan Avenue North, who stated no objection to the applica- tion. Chairman Gross recognized Mr. P. S . Anderson, 5319 Logan Avenue North who com- mented as to the development of the area, noting the history of the Humboldt Addition as an older plat which was in effect an ex- tension of north Minneapolis. He noted the substandard size of many of the lots as well • as the alley ways and commented that the set- back of the applicant 's home was consistent with other homes in the area. Close Public Hearing Motion by Commissioner Scott seconded by Commissioner Pierce to close the public hearing. The motion passed unanimously. Chairman Gross then recognized the applicant who stated his concern with the timing of the -7- 5/2/74 application and the need to secure a survey without some assurance as to the disposition of the variance request. A brief discussion ensued and Chairman Gross polled the Commission and determined that it was the consensus that there appeared to be merit to the request; and that, should the data submitted with the application be con- firmed by a certified survey of the premises, including existing structures, it would be the disposition of the Commission to recom- mend approval of the variance request. Chairman Gross emphasized, however, that there was a need for accurate certified data before the Commission could take final action. Action to Table Motion by Commissioner Scott seconded by Application No. 74026 Commissioner Foreman to table Planning (John Armstrong) Commission Application No. 74026 submitted by John Armstrong to permit the applicant an op- portunity to secure a certified survey of his property, to include the location of existing structures. The motion passed unanimously. Application No. 74024 The next item of business was consideration of (Harry Tiefs) Planning Commission Application No. 74024 sub- mitted by Mr. Harry Tiefs, 5339 Logan Avenue North. The item was introduced by the Secre- tary who stated the applicant proposes a special home occupation involving a general repair service involving welding for household and yard equipment. He stated the applicant proposes to use a portion of his detached garage for the service and because of the in- tended welding activity, the Building Official had been asked to inspect the premises as to applicable code requirements . Chairman Gross recognized the applicant and cited a statement from the applicant sub- mitted to the file outlining the nature :of the proposed use. Mr. Tiefs stated his intent was to serve homeowners by providing a repair and welding service which was hard to find on weekends. He also noted that he worked at night and consequently the activity would be restricted to the daylight hours. Chairman Gross inquired as to the provisions for parking and Commissioner Foreman and the Secretary commented that inspection of the site indicated adequate parking in the applicant ' s driveway. • Chairman Gross recognized neighboring property owners who had been notified including the residents of 5319 and 5338 Logan Avenue North who stated they had no objections to the pro- posed use. Chairman Gross waived the reading of the remainder of the names in that none of the notified property owners was present. -8- 5/2/74 In further discussion the applicant stated that he would comply with all applicable safety requirements and noted that he had pur- chased appropriate fire extinguishers and other safety equipment. Motion by Commissioner Foreman seconded by Commissioner Horan to close the public hear- ing. The motion passed unanimously. Action Recommending Following further discussion there was a Approval of Application motion by Commissioner Pierce seconded by No. 74024 Commissioner Scott to recommend approval of (Harry Tiefs) Planning Commission Application No. 74024 submitted by Harry Tiefs subject to the following conditions : 1. The use shall conform to all applicable ordinance provisions and violation thereof shall be grounds for revocation of the permit; 2. The premises shall be subject to in- spection by the appropriate officials as to compliance with applicable fire, safety, and building codes and documen- tation of said inspections and approvals shall be submitted to the file prior to the issuance of a permit; 3. There shall be no outside storage of materials related to the use; 4. The use shall be restricted to daylight hours. The motion passed unanimously. Application No. 74022 The next item of business was consideration of (B.C.I.P.-Les Byron Assoc.) Planning Commission Application No. 74022 sub- mitted by B.C.I .P. , Inc. , and Les Byron Associates. The item was introduced by the Secretary who stated the application consisted of a special use permit request and proposed site and building plan approval for a 50,000 square foot major applicance retail sales warehouse facility on a parcel north of FAI-94 and Freeway Boulevard, and south- westerly of Shingle Creek. The Secretary noted that the application represents the first re- quest for a special use permit to allow a com- mercial retail establishments in the I-1 District. The Secretary cited the ordinance criteria against which such special uses are to be measured: 1. Compatible with existing adjacent land uses as well as those uses permitted in the I-1 District generally; 2 . Complementary to existing adjacent land uses as well as to those uses permitted 9= 5/2/74 in the I-1 District generally; 3. Of comparable intensity to permitted I-1 District land uses with respect to activity levels. The Secretary stated that the adjacent land use to the north was the Shingle Creek open space greenstrip for which a Master Plan had been developed by Brauer and Associates. He stated the staff had worked with the applicant to assure the subject site was both comple- mentary and compatible with that use, given environmental considerations as well as the need to provide for adequate flood plain design, The Secretary also commented that the sub- mitted plans indicated provision for enough land area to support the required parking for the building at the C-2 retail level (323 spaces) . He stated, however, that the appli- cant proposed to use only a portion of the building for retail activity and the remainder of the building would be used for warehousing. Thus, the application requested deferrment of approximately 148 parking spaces, since it was felt 175 spaces would be adequate. He noted that the landscape plan comprehended the de- ferred parking area. The Director of Public Works extensively ex- plained the site layout with respect to pro- posed grading, berming, and the development of a ponding area in the Shingle Creek green- strip, which could be used to serve the drainag( needs of the site as well as to provide a lagoon-type area which was proposed in the Brauer study. Mr. Merila also cited the various flood plain considerations and indicated the design of the berming of the north end of the site which was intended to provide screening as well as permitting the site to support flood plain needs. An extensive discussion ensued relative to the landscaping, particularly along the north boundary. The Director of Public Works offered recommendations as to the enhancement of indicated berming and it was the consensus of the Commission that additional landscape planting should be provided throughout various greenstrips on the site. • The Secretary then reviewed the proposed building plans and presented a sample of the exterior finish of the building. Chairman Gross recognized Mr. Steven Krogness representing the applicant who commented as to the concept of the proposed pond in the Shingle Creek greenstrip. The Director of ,lp- 5/2/74 public Works responded that the ponding con- cept was developed to serve partially in lieu of certain flood plain storage require- ments which could be attributed to private property, and it was also intended to serve this site for drainage purposes which should result in substantial savings. He stated the staff could work with the applicant as to the exact design, size, and costing factors in the work. Chairman Gross also recognized Mr. Fred Banister, representing Dolan-Banister Associates who had drawn the designs for the site and an extensive discussion ensued relative to the site layout and landscaping features. Chairman Gross noted that other than B.C.I.P. , Inc. , none of the notified neighboring property owners was present and he waived the reading of the names . Motion by Commissioner Foreman seconded by Commissioner Pierce to close the public hear- ing. The motion passed unanimously. Further discussion ensued relative to the need to assure adequate berming and landscap- ing in response to the ordinance requirements that the site should be compatible and com- plementary to the adjacent land use. Action Recommending Approval Motion by Commissioner Foreman seconded by of Application No. 74022 Commissioner Engdahl to recommend approval of (B.C.I .P.-Les Byron Assoc.) Application No. 74022 submitted by B.C. I.P. , Inc. , and Les Byron Associates comprehending a special use permit and site and building plan approval subject to the following conditions : 1. Building plans are subject to review and approval by the Building Official with respect to applicable codes, prior to the issuance of permits; 2. Utility, drainage, grading and berming plans are subject to review and approval by the City Engineer, prior to the issuance of permits; 3. A performance agreement and a financial guarantee (in an amount to be determined by the City Manager) shall be submitted to assure completion of site improve- ments as indicated on approved plans; 4. A portion of the required parking spaces may be deferred, as indicated on the ap- proved plans, until such time that the installation of the additional spaces is deemed necessary by the City Council pro- vided the deferred area is seeded and maintained with viable turf and _11_ 5/2/74 vegetative materials; 5. The required underground lawn sprink- ling system shall be installed as in- dicated on the approved plans, in lieu of covering the entire green area north of the building and parking lot; pro- vided that such system shall be extend- ed to the north boundary greenstrip area at such time that the deferred parking lot is installed; 6. The ponding area indicated on the approved plans as located in the Shingle Creek greenstrip is approved as part of the site drainage system, and shall be included with the required site improve- ments; 7. Submitted landscaping, berming and grading plans shall be revised as follows, prior to City Council review: a. Additional landscape plantings such as honeysuckle shall be included in the east boundary greenstrip; the north boundary green area shall in- clude willow and sumac plantings in addition to the indicated turf and Russian Olive plantings. b. Berming or mounding shall be revised as follows: An additional mound north of the building at an eleva- tion of 854; northeast of the build- ing the mound shall be extended northeasterly approximately 30 feet and raised to an elevation of 852; on the north boundary the mound shall be extended northwesterly approx- imately 30 feet and raised to an elevation of 849; and at the south end of the site the westerly berm shall be raised to an elevation of 852, the easterly berm shall be raised to an elevation of 850, and a berm shall be provided in the southeast corner. B. The site shall be subdivided through platting or registered land survey according to the provisions of Chapter 15 of the City Ordinance. • The motion passed unanimously. Approve Minutes The next item of business was approval of the 4-18-74 minutes of the April 18, 1974 meeting. Com- missioner Horan stated that the remarks attributed to himself on page 3 of those min- utes did not accurately reflect his concerns. He explained he had, for purposes of that dis- cussion, taken a devil 's advocate role; and -12- 5/2/74